The Union City man whose 91-year-old mother died, allegedly while she was tied down on a recliner early Saturday morning, appeared in court this afternoon and his lawyer said the charge of elderly neglect should be dismissed.

"(Peter Schnabel) cooked for (Mildred Schnabel), he changed her diapers, he did everything for her," said attorney Anthony Carbone outside the Central Judicial Processing court in Jersey City, where the roughly two-minute hearing was held. "He is devastated.

"I need this dismissed," Carbone said. "This is a horrible tragedy that occurred. This is not criminal activity."

Schnabel was born and raised in the 35th Street home where his mother died, Carbone said, noting that he works in the security field, Carbone said,

Police said that Schnabel told them he had restrained his mother by tying her arms down to a reclining chair to prevent her from falling out before he went to work Friday night. Schnabel said that when he returned home at 8 a.m. Saturday morning, his mother was slumped over and unresponsive.

"I don't think she was (restrained)," Carbone said. "I don't know where that came from."

Schnabel was with Carbone outside the court this afternoon, but Carbone said Schnabel would not comment.

Authorities said that Schnabel called 911 and an operator instructed him on how to perform CPR, but his attempts to revive his 91-year-old mother were unsuccessful.

Hudson County Assistant Prosecutor Gene Rubino said that results of an initial autopsy were inconclusive and added that further medical studies will be done to determine the cause of death.